Awareness in regards to Intellectual Property (IP) such as
trademarks has gradually increased among Indian individuals, startups, and companies
from the past many years. Nowadays, almost every businessman wants to protect a
mark, sign, or symbol that can identify his products or services from other
entrants. Statistics showed that the number of applications being filed for the
registration of trademarks is continuously increasing. Hence, it is crucial for
all who wish to enjoy the issue-free benefits of Trademark
Registration in India to do a detailed search prior to applying for the same. It
will make the applicant confident about the uniqueness of his mark, and
increase the probabilities of successful registration. The main purpose of this
article is to provide the readers with clarity on how to do the Trademark Search
in India.
Trademark Search
A trademark refers to a sign, symbol, logo, or expression that
identifies products and services from a particular source. A Registered Trademark gives its owner the
exclusive right to use his mark and prevent it from being used by others
without his consent.
A Trademark Search is what allows you
to know the probabilities your mark possesses for being successfully
registered. Knowing such probabilities in advance will help you save your
precious time and hard-earned money by not proceeding with the Trademark Registration that has little or
no chance of becoming successful. It determines whether the projected mark is
existing for the use in relation to certain products or services. As per Indian
law, in a trademark search, similar wordmarks and similar names in a specific
class can be widely searched. Moreover, a trademark search can be done in the
Indian Trademark Registry Database or third-party service provider website.
Steps to do Trademark Search
To do the trademark search in India, you need to visit the
official site of the General of Patents, Designs, and Trademarks. The search
can be done in any of the following two ways:
1.
Wordmark Search: For the representation of like
wordmarks. Steps to do this are as follows:
Step 1: Once the official website opens up, select the search
type as ‘Wordmark’ on the top of the webpage
Step 2: In the box present next to the ‘start with’ box, enter
the wordmark you want to search
Step 3: Determine the class from 1 to 45 under which your
products or services fall.
Step 4: After entering the suitable class, click the ‘search
option.’ A report that shows all the similar trademarks and trademark
applications will be generated.
Step 5: Choose the option of ‘show detail.’ It will display all
the information like application number and date, owner’s details, and
trademark status, validity, and description.
Step 6: Click the ‘tick box’ button, followed by clicking the
‘report’ option to save the details of the particular trademark application.
2.
Phonetical Search: For the representation of
phonetically similar words. It includes the wider scope of trademark search
that provides the user with an assurance that no similar mark exists in case of
sound of the mark. Almost every step to do phonetic search is similar to
wordmark search except step 1, where you will need to select the search type on
the top of the webpage as ‘Phonetic.’
Bottom Line
People often have a query whether a positive trademark search
report will serve them with the 100% possibility of success. Well, the answer
is no; it doesn’t. Although even the Trademark
Attorneys in India and outside find the trademark search beneficial in several
ways, it may not provide precise predictions. It is because sometimes,
trademark search reports could not identify all potential grounds for rejection
or refusal. Hence, it is better to always proceed to Trademark Registration Process under the
supervision of an experienced Intellectual Property Law Firm. For more
visit: https://www.kashishipr.com/
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